Legal Services Framework for Horse Racing Ireland

Horse Racing Ireland (HRI)

Horse Racing Ireland (HRI) was established by the Government under the Horse and Greyhound Racing Act 2001. It is a commercial semi-state body. HRI is responsible for the administration, promotion, and development of Horse Racing in Ireland. Its subsidiaries include Irish Thoroughbred Marketing Ltd, Tote Ireland Ltd and the HRI owned racecourses at Leopardstown, Fairyhouse, Navan and Tipperary. HRI wishes to establish a single party Framework Agreement for the provision of legal services to support the delivery of its activities. In this regard it is envisaged that a range of support will be required across a full range of staff (i.e. partner, associate, solicitor, assistant solicitor and trainee) Scope of requirements will include:
โ€” General Corporate Legal Advisory Services, Commercial and Company Law, Intellectual Property and Data Protection, Litigation/Dispute resolution, Labour/Employment and Pensions Law, Real Estate/Property Law, Taxation and Debt Recovery.

Deadline

The time limit for receipt of tenders was 2013-10-25. The procurement was published on 2013-10-03.

Suppliers

The following suppliers are mentioned in award decisions or other procurement documents:

Who? What? Where?
Procurement history
Date Document
2013-10-03 Contract notice
2014-06-06 Contract award notice
Contract notice (2013-10-03)
Object
Scope of the procurement
Title: Legal services
Quantity or scope:
This framework agreement covers HRI's legal services as they arise and as described on page 6 of the Qualification document and as described in Section II.1.5) above. Applicants must register on eTenders in order to receive any further information and clarifications regarding the competition. Full information is available from the Qualification Questionnaire available to download from: etenders.gov.ie600 0001 200 000
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Notice metadata
Original language: English ๐Ÿ—ฃ๏ธ
Document type: Contract notice
Nature of contract: Services
Regulation: European Union
Common procurement vocabulary (CPV)
Code: Legal services ๐Ÿ“ฆ

Procedure
Procedure type: Negotiated procedure
Type of bid: Submission for all lots
Award criteria
The most economic tender

Contracting authority
Identity
Country: Ireland ๐Ÿ‡ฎ๐Ÿ‡ช
Awarding authority type: Body governed by public law
Awarding authority name: Horse Racing Ireland (HRI)
Postal address: The Curragh, Co Kildare
Postal town: Ballymany
Contact
Internet address: http://www.horseracingireland.ie ๐ŸŒ
E-mail: nodwyer@hri.ie ๐Ÿ“ง

Reference
Dates
Date dispatched: 2013-10-03 ๐Ÿ“…
Submission deadline: 2013-10-25 ๐Ÿ“…
Publication date: 2013-10-08 ๐Ÿ“…
Identifiers
Notice number: 2013/S 195-336649
OJ-S issue: 195
Additional information
โ€” As the subject matter of this framework agreement is a non-priority (Annex IIB) service, the establishment of the framework is not subject to the provisions of Directive 2004/18/EC with regard to the choice of procedure. Therefore, the awarding authority will employ a negotiated procedure under its own terms and conditions. โ€” Interested parties must register their interest on the eTenders web site (www.etenders.gov.ie) in order to be included on the mailing list for clarifications. All information relating to attachments, including clarifications and changes, will be published on the Irish Government procurement opportunities portal (www.etenders.gov.ie) only. Registration is free of charge, โ€” This is the sole call for competition for these services, โ€” The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers, โ€” Contract award will be subject to the approval of the competent authorities, โ€” It will be a condition for admittance to the framework agreement that tenderers and their sub-contractors (if any) produce a valid tax clearance certificate from the Irish revenue commissioners and that they retain a fully valid certificate throughout the lifetime of the framework. Admittance to the framework will also be conditional upon formal written acceptance of Horse Racing Ireland's Terms and Conditions. โ€” If for any reason it is not possible to admit to the framework agreement one or more of the tenderers invited following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate. This shall be without prejudice to the right of the contracting authority to cancel this competitive process and/or initiate a new contract award procedure at its sole discretion. Notwithstanding the existence of the framework, the contracting authority at its sole discretion reserves the right to engage in a separate procurement procedure outside of the framework for any contract arising for legal services. โ€” Should you wish any of the information supplied by you not to be disclosed because of its sensitivity, you should, when providing the information, identify same and specify the reasons for its sensitivity. Horse Racing Ireland will take this into consideration if it receives a request for disclosure, and may consult with you, but may decide to disclose the information despite your view. It is not sufficient to include a general statement that all your information is confidential or commercially sensitive. At its absolute discretion, the contracting authority may elect to terminate this procurement process and the framework agreement. Without prejudice to the principle of equal treatment, the contracting authority is not obliged to engage in a clarification process in respect of questionnaires with missing or incomplete information. Therefore, candidates are advised to ensure that they return fully completed questionnaires in order to avoid the risk of elimination from the competition.
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Object
Scope of the procurement
Estimated value excluding VAT: 600 000 ๐Ÿ’ฐ
1 200 000 ๐Ÿ’ฐ
Short description:
Horse Racing Ireland (HRI) was established by the Government under the Horse and Greyhound Racing Act 2001. It is a commercial semi-state body. HRI is responsible for the administration, promotion, and development of Horse Racing in Ireland. Its subsidiaries include Irish Thoroughbred Marketing Ltd, Tote Ireland Ltd and the HRI owned racecourses at Leopardstown, Fairyhouse, Navan and Tipperary. HRI wishes to establish a single party Framework Agreement for the provision of legal services to support the delivery of its activities. In this regard it is envisaged that a range of support will be required across a full range of staff (i.e. partner, associate, solicitor, assistant solicitor and trainee) Scope of requirements will include:
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โ€” General Corporate Legal Advisory Services, Commercial and Company Law, Intellectual Property and Data Protection, Litigation/Dispute resolution, Labour/Employment and Pensions Law, Real Estate/Property Law, Taxation and Debt Recovery.
Quantity or scope:
This framework agreement covers HRI's legal services as they arise and as described on page 6 of the Qualification document and as described in Section II.1.5) above. Applicants must register on eTenders in order to receive any further information and clarifications regarding the competition. Full information is available from the Qualification Questionnaire available to download from: etenders.gov.ie
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Duration: 72 months
Place of performance
Main site or place of performance: Kildare and other locations around Ireland.

Legal, economic, financial and technical information
Conditions for participation
Suitability to pursue the professional activity:
Please see Qualification Questionnaire available to download from the Irish Government Public Procurement Opportunities Portal (www.etenders.gov.ie)
Economic and financial standing:
Please see Qualification Questionnaire available to download from the Irish Government Public Procurement Opportunities Portal (www.etenders.gov.ie)
Minimum level(s) of standards:
Please see Qualification Questionnaire available to download from the Irish Government Public Procurement Opportunities Portal (www.etenders.gov.ie)
Technical and professional ability:
Please see Qualification Questionnaire available to download from the Irish Government Public Procurement Opportunities Portal (www.etenders.gov.ie)
Contract execution
Main financing conditions and payment arrangements and/or reference to the relevant provisions governing them: To be agreed at the time of establishing the framework agreement.
Legal form to be taken by the group of economic operators to whom the contract is to be awarded:
Legal form to be taken by the grouping of suppliers, contractors or service providers to whom the contract is to be awarded. A grouping, if successful, may be required to contract as a single entity having joint and several liability but subject to the agreement of the contracting parties. If it is proposed to sub-contract the delivery of any portion of the initial contract or any subsequent contract under the framework, it may be a condition of award of contract that both the service provider and any proposed sub-contractor enter simultaneously into a collateral warranty with the contracting authority for the relevant portion of that contract.
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Execution of the service is reserved to a particular profession:
Candidates must be eligible to provide legal services in Ireland under the terms of the Solicitors Act, 1954 (as amended) and relevant EU law.
Names and professional qualifications of the staff โœ…

Procedure
Duration of the framework agreement in years: 6
Justification for framework agreement duration over four years:
As legal services is a non-priority service the contracting authority is exercising its right to employ a negotiated procedure and to set the duration of the framework agreement at 6 years.
Envisaged number of candidates: 5
Objective criteria for selection:
Please see Qualification Questionnaires available to download from the Irish Government Public Procurement Opportunities Portal (www.etenders.gov.ie)
Languages
Language: English ๐Ÿ—ฃ๏ธ
Irish ๐Ÿ—ฃ๏ธ

Contracting authority
Contact
Contact point: Noel O Dwyer

Reference
Additional information
โ€” As the subject matter of this framework agreement is a non-priority (Annex IIB) service, the establishment of the framework is not subject to the provisions of Directive 2004/18/EC with regard to the choice of procedure.
Therefore, the awarding authority will employ a negotiated procedure under its own terms and conditions.
โ€” Interested parties must register their interest on the eTenders web site (www.etenders.gov.ie) in order to be included on the mailing list for clarifications. All information relating to attachments, including clarifications and changes, will be published on the Irish Government procurement opportunities portal (www.etenders.gov.ie)
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only. Registration is free of charge,
โ€” This is the sole call for competition for these services,
โ€” The contracting authority will not be responsible for any costs, charges or expenses incurred by candidates or tenderers,
โ€” Contract award will be subject to the approval of the competent authorities,
โ€” It will be a condition for admittance to the framework agreement that tenderers and their sub-contractors (if any) produce a valid tax clearance certificate from the Irish revenue commissioners and that they retain a fully valid certificate throughout the lifetime of the framework.
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Admittance to the framework will also be conditional upon formal written acceptance of Horse Racing Ireland's Terms and Conditions.
โ€” If for any reason it is not possible to admit to the framework agreement one or more of the tenderers invited following the conclusion of the competitive process, the contracting authority reserves the right to invite the next highest scoring tenderer to join the framework agreement as appropriate. This shall be without prejudice to the right of the contracting authority to cancel this competitive process and/or initiate a new contract award procedure at its sole discretion.
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Notwithstanding the existence of the framework, the contracting authority at its sole discretion reserves the right to engage in a separate procurement procedure outside of the framework for any contract arising for legal services.
โ€” Should you wish any of the information supplied by you not to be disclosed because of its sensitivity, you should, when providing the information, identify same and specify the reasons for its sensitivity. Horse Racing Ireland will take this into consideration if it receives a request for disclosure, and may consult with you, but may decide to disclose the information despite your view. It is not sufficient to include a general statement that all your information is confidential or commercially sensitive.
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At its absolute discretion, the contracting authority may elect to terminate this procurement process and the framework agreement.
Without prejudice to the principle of equal treatment, the contracting authority is not obliged to engage in a clarification process in respect of questionnaires with missing or incomplete information. Therefore, candidates are advised to ensure that they return fully completed questionnaires in order to avoid the risk of elimination from the competition.
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Complementary information
Review body
Name: The High Court
Postal address: The Four Courts Inns Quay
Postal town: Dublin
Postal code: 7
Country: Ireland ๐Ÿ‡ฎ๐Ÿ‡ช
Information about review deadlines:
The contracting authority will not conclude this framework agreement until after the expiry of the standstill period which commences on the day following the date of notification of concerned candidates and tenderers. The duration of the standstill period will be 14 calendar days where notifications are sent electronically or by fax and 16 calendar days where these are sent by any other means. Review procedures are available in the High Court to a person who has or has had an interest in obtaining the framework agreement and alleges that he or she has been harmed or is at risk of being harmed by an infringement of the law in relation to that framework agreement and reviewable public contract.
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(See Irish SI 130 of 2010)
Service from which information about the review procedure may be obtained
Name: Contact a legal advisor
Source: OJS 2013/S 195-336649 (2013-10-03)
Contract award notice (2014-06-06)
Object
Scope of the procurement
Total value of the procurement: 500 000 ๐Ÿ’ฐ
Notice metadata
Document type: Contract award notice

Procedure
Type of bid: Not applicable

Contracting authority
Identity
Postal address: Ballymany
Postal code: The Curragh
Postal town: Co Kildare
Contact
E-mail: procure@horseracingireland.ie ๐Ÿ“ง
Phone: +353 45455400 ๐Ÿ“ž
Fax: +353 45455400 ๐Ÿ“ 

Reference
Dates
Date dispatched: 2014-06-06 ๐Ÿ“…
Publication date: 2014-06-11 ๐Ÿ“…
Identifiers
Notice number: 2014/S 110-194915
Refers to notice: 2013/S 195-336649
OJ-S issue: 110

Procedure
Award criteria
Criterion: 1. Methodology for Service Delivery (15)
2. Methodology for Contract Management (10)
3. Technical Merit and Balance of Human Resources Offered (35)
4. Reliability and Continuity of Supply (5)
5. Ultimate Cost (35)

Award of contract
Date of contract conclusion: 2014-06-05 ๐Ÿ“…
Name: William Fry
Postal address: Fitzwilton House, Wilton Place
Postal town: Dublin
Postal code: 2
Country: Ireland ๐Ÿ‡ฎ๐Ÿ‡ช
Information about tenders
Number of tenders received: 5

Contracting authority
Contact
Contact point: Amy Moran

Complementary information
Review body
Postal address: Ground Floor (East Wing), Inns Quay
Name: N/a
Service from which information about the review procedure may be obtained
Please contact a legal advisor
Source: OJS 2014/S 110-194915 (2014-06-06)